Las Vegas Nursing Home Failure to Monitor Attorneys
When a Lack of Supervision Leads to Serious Injuries
If your elderly loved one was staying in a Las Vegas nursing home when they were injured in an accident or suffered what should have been a preventable medical complication, talk to Burris & Thomas, LLC and our attorneys today. An investigation by our legal team may reveal that a failure to provide basic and necessary monitoring in the nursing home was the root cause of your loved one’s injuries. Let us get to work on your case, so you can start pursuing justice and fair compensation for your family.
Talk to our nursing home failure to monitor lawyers in Las Vegas. Dial (702) 529-3101 to ask for a free consultation.
Different Types of Monitoring Failures
Monitoring failures in nursing homes can lead to severe injuries among elderly residents. When proper care could have prevented the injuries, an injury claim or lawsuit might be justified, so it’s always worth exploring your options with the guidance of our law office.
Common types of monitoring failures in nursing homes include:
- Medication monitoring failure: Inaccurate administration or oversight of medications can lead to harmful side effects or health complications.
- Medical equipment use and monitoring failure: Mismanagement or improper use of medical equipment can result in injuries or worsening of medical conditions.
- Lack of general supervision: Insufficient oversight can lead to accidents or incidents that could have been prevented with proper attention or staffing levels.
- Inadequate monitoring of exits and entrances: Poorly monitored access points can result in elopement, putting elderly residents at risk of harm or getting lost, especially among people with dementia.
Injuries Caused by Failures to Monitor
Failures to monitor in nursing homes should not be seen as innocent and harmless mistakes. Oftentimes, a failure to monitor in any form can directly result in serious or even fatal injuries among elderly residents. Without oversight from trained staff members, residents are vulnerable to a range of preventable injuries.
Common injuries resulting from monitoring failures in nursing homes include:
- Medication error complications: Incorrect dosages or missed medications can lead to adverse health effects and serious medical conditions.
- Elopement-related injuries: Elderly residents who wander away from the nursing home facility can suffer from exposure or accidents.
- Fall injuries: Lack of supervision can result in falls, causing fractures, head injuries, or other severe consequences.
- Bedsores and infections: Insufficient monitoring of residents' mobility and hygiene needs can lead to pressure sores and infections.
- Miscellaneous injuries: If medical equipment is misused or not properly monitored, a variety of different injuries and health complications can occur depending on the type of equipment.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 702-529-3101 today!
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How much is my case worth?
There are many factors that go into evaluating the settlement value of a personal injury case. It is not a simple matter of applying a formula. Typically, everyone thinks that their case is “simple” and “clear-cut”. Everyone tends to think that the amount of money they are seeking is “fair and reasonable”. That is human nature. However, the reality is that, in the end, a personal injury case is worth what a jury says it is worth. The job of the victim’s personal injury lawyer is to come up with a settlement that reflects the risk of going to trial (odds of winning vs. odds of losing), together with the range of what value a jury might actually return on the case.
In deciding settlement values, we need to consider the following:
- Is fault clear, or contested?
- Are the injuries severe or mild?
- Is there an issue with insurance coverage?
- Is the client a good communicator?
- Is the defendant/wrongdoer likable or unlikable?
Normally, I am able to give a very general estimate range of settlement value and odds soon after taking on a case, with the understanding that these are just estimates and not guarantees. The longer the case goes on, the more definite I can be about the settlement value range.
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Do I have a personal injury case?
It is often times said by attorneys that in order for there to be a viable personal injury case, there must be “three legs on the stool.” These legs are: liability (or fault); damages (or injury); and collectability (insurance). If any one of the “legs” is missing, then there is not a viable case.
- Liability - A clear example of liability would be someone running through a red light. That person would be at fault. On the other hand, let us say that somebody is hit by a meteorite falling from the sky, and seriously hurt. In that case, although there is injury, there is no earthly entity at fault.
- Damages - An example of damages would be someone getting hit in the nose by an airbag, which breaks their nose. That person has an injury caused by the collision. On the other hand, what if that same person is almost hit by a car running a red light, but by the grace of God is able to avoid the collision? That person might say “I was almost killed, but I didn’t get a scratch.” In that case, the person was not injured and there is no case.
- Collectability - To give an example of collectability, imagine that a drunk driver runs through a red light, and the driver is Donald Trump. In that case, if Donald Trump hit and injured someone when he ran the red light, the victim will be able to collect upon any judgment that they receive. Imagine, on the other hand, that the drunk driver is someone who just got out of prison, and has no insurance and no property. Although that person will probably go to jail, there is no practical way to collect money from him, as he is a “scofflaw” living outside responsibilities of society.
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What Is the Nevada Statute of Limitations for Personal Injury Cases?
When it comes to filing a personal injury lawsuit, it's important to pay attention to the statute of limitations for the state you're filing in. A statute of limitations is the time limit that a state puts on how long after your accident you are allowed to file a personal injury lawsuit. Statutes vary from state to state.
Nev. Rev. Stat. § 11.190(4)(e) (2016) states that individuals wishing to file a personal injury lawsuit must do so within 2 years of the date of their accident. However, there are certain exceptions that can be made depending on your circumstances. For example, if you have been injured as a result of medical malpractice, you generally only have 1 year to file your lawsuit after the date of your injury (Nevada Revised Statutes section 41A.097).
Statute of limitations can be complex, and if you fail to file your lawsuit within the allotted amount of time your case will most likely be dismissed. Don't put your compensation on the line! Contact our experienced Las Vegas personal injury attorneys today to schedule a free consultation and determine what your next steps should be.
